The claimants challenged the validity of regulations restricting cigarette advertisements, saying that greater exceptions should have been allowed, and that the regulations infringed their commercial right of free speech.
Held: The Regulations were lawful. There was a balance to be found between the need for commercial freedom of speech, and the protection of public health. The secretary of state had a discretion, and could not be criticised in law for drawing the line where he did to restrict advertising of tobacco products.
Judges:
McCombe J
Citations:
[2004] EWHC 2493 (Admin), Times 11-Nov-2004
Links:
Statutes:
Tobacco Advertising and Promotion (Point of Sale) Regulations 2004, Tobacco Advertising and Promotion Act 2002 4(3), European Convention on Human Rights 10
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Shayler HL 21-Mar-2002
The defendant had been a member of the security services. On becoming employed, and upon leaving, he had agreed to keep secret those matters disclosed to him. He had broken those agreements and was being prosecuted. He sought a decision that the . .
Cite164876d – Regina (Daly) v Secretary of State for the Home Department HL 23-May-2001
A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence . .
Cited – Secretary of State for the Home Department v International Transport Roth Gmbh and others CA 22-Feb-2002
The Appellant had introduced a system of fining lorry drivers returning to the UK with illegal immigrants hiding away in their trucks. The rules had been found to be in breach of European law and an interference with their human rights. The . .
Cited – Artegodan v Commission ECFI 26-Nov-2002
ECJ Medicinal products for human use – Community arbitration procedures – Withdrawal of marketing authorisations – Competence – Criteria for withdrawal – Anorectics: amfepramone, clobenzorex, fenproporex, . .
Cited – Criminal proceedings against Walter Hahn ECJ 24-Oct-2002
ECJ Reference for a preliminary ruling: Bezirksgericht Innere Stadt Wien – Austria. Fisheries – Health policy – Directive 91/493/EEC and Decision 94/356/EC – Articles 28 EC and 30 EC – Principle of . .
Cited – Regina v Secretary of State for Health ex parte Eastside Cheese Company (a Firm) and R A Duckett and Co Interested CA 1-Jul-1999
The respondent had made an order banning the processing of milk products from the interested party’s farm into cheese products. Cheese manufacturers objected to the order. The order had been held unlawful, and the Secretary of State now appealed. . .
Cited – Vereinigte Familiapress Zeitungsverlags- und vertriebs GmbH v Bauer Verlag ECJ 26-Jun-1997
Europa The application to products from other Member States of national provisions restricting or prohibiting certain selling arrangements is not such as to hinder directly or indirectly, actually or potentially, . .
Cited – Commission v France C-262/02 ECJ 13-Jul-2004
The court was concerned with a national measure prohibiting television advertising for alcoholic drinks, in the case of indirect television advertising resulting from the appearance on screen of advertisements visible during the re-transmission of . .
Cited by:
Cited – Axon, Regina (on the Application of) v Secretary of State for Health and Another Admn 23-Jan-2006
A mother sought to challenge guidelines issued by the respondent which would allow doctors to protect the confidentiality of women under 16 who came to them for assistance even though the sexual activities they might engage in would be unlawful.
Lists of cited by and citing cases may be incomplete.
Media, Human Rights
Updated: 27 June 2022; Ref: scu.219225